Brown v. Barnes
Supreme Court of Alabama
ERROR to the Circuit Court of Sumter. Assumpsit by the plaintiff against the defendant in error. The declaration' alleges that one William D. Barnes was indebted to the defendant at Philadelphia in an account for goods sold; and that the defendant being advised thereof, and having the custody of the estate of said William and the management of his affairs, in consideration thereof; and in consideration that he would state the items of the account against the said William,…
Read the full summary
ERROR to the Circuit Court of Sumter. Assumpsit by the plaintiff against the defendant in error. The declaration' alleges that one William D. Barnes was indebted to the defendant at Philadelphia in an account for goods sold; and that the defendant being advised thereof, and having the custody of the estate of said William and the management of his affairs, in consideration thereof; and in consideration that he would state the items of the account against the said William, and make affidavit before the mayor of the city of Philadelphia of the correctness of the account, and get the mayor to…
1Opinion of the Court
ORMOND, J.'
Conceding that the consideration in this case would have been sufficient to sustain an action upon the promise to pay the debt between the original parties to it, we will consider whether it would be sufficient, under the statute of frauds, as a promise to pay the debt of another, unless the promise was in writing.
The counsel for the plaintiff in error insists, that this case is not within the statute, because the promise is made upon a new consideration, by which an onerous and, possibly, expensive bur-then was cast upon the promissee.
In McKenzie v. Jackson, [4 Ala. 230,] we had…
2Cases cited1 opinion
- McKenzie v. JacksonSupreme Court of Alabama · 1842
3Cited by5 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Mason v. HallSupreme Court of Alabama · 1857
- Martin v. Black's ExecutorsSupreme Court of Alabama · 1852
- Martin v. Black's Ex'rsSupreme Court of Alabama · 1852
- Kizer v. LockSupreme Court of Alabama · 1846